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Section 506 & 509

(Querist) 17 October 2014 This query is : Resolved 
Dear Sir,

Recently I had quarrel with my wife and one of her friend advised her to file divorce case. I called up my wife and asked her who is that woman who is misguiding her. Instead of saving marriage, she was advising her for divorce.

Hence in anger, I called up my wife and abused that woman on phone and asked my wife her phone no and address. However my wife did not reveal anything on phone and denied knowing such woman on phone.

My wife had recorded the conversation on her phone and later shared the same with her friend. Her friend filed FIR with police station for abusing and threatening her and filed case under section 506 & 509.

I request you to advise, when I am abusing any unknown person whom I have never met, will it be punishable offense. Further I did not abused her directly but instead I was scolding my wife to stay away from her.

Police have not arrested me, but they are asking me to file anticipatory bail.

Please advise what should I do?

Regards,
Rakesh
ADV-JEEVAN PATIL, MUMBAI (Expert) 17 October 2014
Abusing unknown person that too on telephone does not constitute lodging For. Pl confirm fist
Rajendra K Goyal (Expert) 18 October 2014
Case has been registered against you, defend yourself on merits. Consult local lawyer.
V R SHROFF (Expert) 18 October 2014
Though there is no merit in her allegation,and talk between hus- wife is strictly confidential - private, YOU WILL WIN.

BUT LEGAL WAR TO BE DEFENDED .
most PROBABLY, SHE-WILL NOT GO AHEAD. AS NO DIRECT TALK..


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